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(1) Stage 2 of an energy emergency is intended to protect the public health, safety, and welfare with moderate impact on the economy while bringing supply and demand into balance.

(2) In stage 2 of an energy emergency the governor may issue orders as described in Section 90-4-310, MCA, to:

(a) direct further implementation of programs, controls, standards and priorities for the production, allocation and consumption of energy;

(b) direct further implementation of regional programs and agreements for the purpose of coordinating energy programs in the regions; and,

(c) implement the following measures:

(i) request operation of all available state, federal and private generating units with capacity in excess of owner's current need for delivery of such excess power into the regional system to be purchased by deficient utilities;

(ii) request the administrator of the bonneville power administration (bpa) or the administrator of the western area power administration (wapa) or both to prepare plans which insure the return of all outstanding advance energy from direct service industrial customers of bpa or wapa or both prior to the time such energy is needed to meet the region's firm load. The governor may request that no additional sales of advance energy be made while mandatory curtailment is in effect;

(iii) direct utilities to require all customers, except priority load customers, to curtail electric energy consumption by an equal percentage as declared necessary to bring anticipated resources and requirements into balance; and,

(iv) as necessary, restrict operation and energy consumed by retail, commercial, industrial, and governmental operations. A statewide restriction of operating hours may be achieved through a percentage reduction of hours as determined by the governor.

(3) Each utility shall monitor compliance by its customers of the directives of stage 2 of an energy emergency as set forth in ARM 14.8.227.

(4) Enforcement of the provision of subsection (2) shall be carried out as set forth in ARM 14.8.228.

(5) Utility adjustment committees and the state appeals board shall operate in stage 2 of an energy emergency following the procedures set forth in ARM 14.8.229 and ARM 14.8.230.

History: Sec. 90-4-316; IMP, Sec. 90-4-310 through 90-4-312, and 90-4-314, MCA; NEW, 1980 MAR 2872, Eff. 10/16/80.

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